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38 U.S.C. § 1536 — Surviving spouses of Spanish-American War veterans

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1536 — Surviving spouses of Spanish-American War veterans

**(a)** The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of [section 1512(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1512/a&num=0&edition=prelim) a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran’s service in the Spanish-American War, in which case the monthly rate shall be $75. **(b)** If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child. **(c)** No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran— (1) before January 1, 1938; or (2) for one year or more; or (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. **(d)** (1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by [section 1541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1541&num=0&edition=prelim), and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. (2) The Secretary shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b

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Source location: Title 38, Chapter 15, § 1536; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 544 — Advisory Committee on Minority Veterans

**(a)** (1) The Secretary shall establish an advisory committee to be known as the Advisory Committee on Minority Veterans (hereinafter in this section referred to as “the Committee”). (2) (A) The Committee shall consist of members appointed by the Secretary from the general public, including— (i) representatives of veterans who are minority group members; (ii) individuals who are recognized authorities in fields pertinent to the needs of veterans who are minority group members; (iii) veterans who are minority group members and who have experience in a military theater of operations; (iv) veterans who are minority group members and who do not have such experience; and (v) women veterans who are minority group members and are recently separated from service in the Armed Forces. (B) The Committee shall include, as ex officio members, the following: (i) The Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment). (ii) The Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense). (iii) The Secretary of the Interior (or a representative of the Secretary of the Interior designated by the Secretary of the Interior). (iv) The Secretary of Commerce (or a representative of the Secretary of Commerce designated by the Secretary of Commerce). (v) The Secretary of Health and Human Services (or a representative of the Secretary of Health and Human Services designated by the Secretary of Health and Human Services). (vi) The Under Secretary for Health and the Under Secretary for Benefits, or their designees. (C) The Secretary may invite representative

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1521 — Veterans of a period of war

**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). **(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income. **(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. **(d)** (1) If the vetera

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1114 — Rates of wartime disability compensation

For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)— **(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123; **(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243; **(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376; **(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541; **(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770; **(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974; **(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228; **(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427; **(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604; **(j)** if and while the disability is rated as total the monthly compensation shall be $2,673; **(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1541 — Surviving spouses of veterans of a period of war

**(a)** The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in [section 1521(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/j&num=0&edition=prelim), or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). **(b)** If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $7,933, reduced by the amount of the surviving spouse’s annual income. **(c)** If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $10,385. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $2,020 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child. **(d)** (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $12,681, reduced by the amount of the surviving spouse’s annual income. (2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payab

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1537 — Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under [section 1536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1536&num=0&edition=prelim), the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of [section 1512(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1512/a&num=0&edition=prelim) a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1536 — Surviving spouses of Spanish-American

Page 253 TITLE 38—VETERANS’ BENEFITS § 1536 1 See References in Text note below. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1511’’ for ‘‘511’’ in introductory provisions. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end ‘‘; unless such sur- viving spouse was the spouse of the veteran during such veteran’s service in one of the Indian Wars, in which case the monthly rate shall be $75.’’ 1975—Pub. L. 94–169, § 106(29), substituted ‘‘Surviving spouses’’ for ‘‘Widows’’ in section catchline. Subsec. (a). Pub. L. 94–169, § 106(26), substituted ‘‘pay to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘she’’ wherever appearing, ‘‘was the spouse’’ for ‘‘was the wife’’ and ‘‘such vet- eran’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 94–169, § 106(27), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’. Subsec. (c). Pub. L. 94–169, § 106(28), substituted ‘‘paid to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘unless she’’ and ‘‘such vet- eran’’ for ‘‘him’’. 1967—Subsec. (a)(2). Pub. L. 90–77, § 105, substituted ‘‘$70’’ for ‘‘$65’’. Subsec. (c). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension by reducing in par. (2) the req- uisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1967 AMENDMENT Amendme

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